Birth Injury Lawyer

Posted on November 6, 2009 by Greenberg & Bederman

 

 Birth Injury Lawyer

A few years ago, former talk show host Ricki Lake released a surprisingly good and informative documentary called The Business of Being Born. The premise of the film was that pregnant women in the United States are put through what is essentially an assembly line process when it comes to giving birth. Profit driven hospitals give drugs that induce contractions and encourage women to get caesarean sections at the slightest provocation, and they do this simply because of the speed and convenience of it. What matters to these hospitals is not necessarily what is best for the health of the mother and the infant, but rather the amount of women they can get in and out as quickly as possible.

Ms. Lake brings up some very good points. If the birthing procedure is now riddled with chemically induced shortcuts and uses surgical delivery as an easy way out, it is not much of a surprise that the United States has the second worst newborn death rate in the developed world.

You can also consider that since the emphasis is placed on getting women in and out quickly rather than safely, the amount of birth injuries that take place in America shouldn’t come as much of a shock either. According to the Department of Health and Human Services, there are 6.68 birth trauma incidents per 1,000 live births. That includes injuries to the shoulders, chest, arms, lungs and head, any of which could seriously harm the development of the newborn child and could cause a permanent injury, such as erbs palsy, or brachial plexus.

 

There are several reasons for the occurrence of a birth injury, but one of the more common causes is a mistake in the delivery process by the attending physician. And considering that doctors are now working under the ethos that “time is money” instead of “patient safety first,” it isn’t much of a surprise that the numbers are so high.

What follows are two of the more serious injuries, and descriptions of the long lasting effects that they have on their victims.

Cerebral Palsy: CP is essentially a blanket term that covers a myriad of damages to the brain of a newborn child. These damages can result in impairment of movement, cognitive ability and physical abilities. What essentially happens is that the flow of blood to the brain is either slowed or impaired. While this could be bad enough for an adult, it can prove devastating to a newborn infant, especially considering how crucial steady brain function is to development. There are dozens of medical mistakes that can lead to neurological damage, including:

  • Leaving a child in the birth canal for too long of a period of time
  • Failure to detect an umbilical cord around the neck
  • Improper use of vacuum extraction or forceps

Shoulder Dystocia: This occurs when the shoulder of the infant is unable to pass below the pubic bone, essentially leaving it stuck in the birth canal. This is actually a very dangerous situation for both the mother and the infant, as prolonged time in the birth canal can lead to a deficiency of oxygen. Episodes of shoulder dystocia happen on a fairly regular basis, occurring in approximately 1% of vaginal births. Another major concern with shoulder dystocia is that the brachial plexus nerves can be damaged. These nerves are crucial to the ability of the arms and hands to move and feel. A serious case of shoulder dystocia can leave an infant with Erb’s Palsy, which means paralyzed arms and shoulders for the rest of his or her life.

There are certainly cases where victims of cerebral palsy or shoulder dystocia brachial plexus have suffered due to no real fault of the doctor, but if the doctor fails to adhere to the medical community under what is called the standard of care in the delivery of a baby, then that doctor may have perfomed negligence in the delivery. A failure to recognize umbilical cord placement, a delay in necessary treatment or ignoring inherent risks and dangers can and have contributed to serious and life long injuries to newborn infants.

At Greenberg and Bederman, we provide experienced and dedicated legal counsel for those who have been injured due to acts of medical malpractice, including negligence that resulted in a baby being born with cerebral palsy or erbs palsy. We have helped families all over Washington, D.C, Maryland and Virginia get the compensation they need to help care for their injured child for life. If you or someone you love has had a child born with a birth injury, contact Greenberg and Bederman for a free birth injury legal consultation today.

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